The Crown applied under s. 521 of the Criminal Code to vacate a Justice of the Peace's release order for the respondent, Daniel Dubajic, and to detain him pending trial.
The Crown argued the Justice of the Peace erred in law and that the decision was clearly inappropriate, particularly regarding the secondary and tertiary grounds for detention.
The court found that the Justice of the Peace erred in assessing the strength of the Crown's case, the gravity of the offences, the circumstances surrounding the commission of the offences (specifically the "use" of firearms), and the potential sentence.
The court also found the proposed release plan inadequate.
Consequently, the court granted the Crown's application, ordering Dubajic's detention on secondary and tertiary grounds, while agreeing with the Justice of the Peace's assessment on the primary ground (flight risk).
